Privacy Policy
What information do we collect?
We collect information from you when you place an order or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
Terms & Conditions
1. Price: Rogers Axle & Spring Works Pty Ltd. (“Rogers-Willex”) shall be entitled to vary the purchase price for goods at any time prior to delivery if the cost to Rogers-Willex of performing the contract is increased by reason of any cause whatsoever beyond the control of Rogers-Willex including any increase in labour, material or freight costs, delivery of goods outside normal working hours or to an address other than originally specified by the customer.
2. Terms of Payment:
(i) If the customer has a credit account with Rogers-Willex the purchase price for the goods must be paid for in full within 30 days from the date of invoice for such goods. Any discounts offered on such invoiced goods will be subject to withdrawal if payments for the goods is not received within 30 days from the invoice date.
(ii) The customer is not entitled to withhold payment or make any deduction from the price in respect of any set-off or counterclaim.If the customer fails to pay for any goods, Rogers-Willex shall be entitled to postpone its obligations under the contract or any other contract with the customer until payment is made in full to Rogers-Willex and Rogers-Willex will be entitled to increase the purchase price to cover any extra expenses incurred thereby.
3. Property in the Goods: Notwithstanding delivery of the goods to the customer, property in the goods shall not pass to the customer until the customer has paid to Rogers-Willex all sums owing by the customer to Rogers-Willex. The customer shall, until payment is made in full, hold the goods as bailee for Rogers-Willex and will store the goods separately from other goods and shall keep them readily capable of separate identification. If payment is not made on or before the due date, the customer hereby acknowledges that it has irrevocably authorised Rogers-Willex to enter upon the place where the goods are situated and remove the same and the customer shall indemnify Rogers-Willex against any action, claim or demand arising out of the exercise by Rogers-Willex of its rights and powers under this clause. This clause applies notwithstanding any agreement between the parties whereby Rogers-Willex has extended the customer credit. If goods are delivered by instalment, property shall not pass at any instalment until payment has been made to Rogers-Willex for the whole of the contract quantity. In the event that the customer uses the goods in some manufacturing or construction process of its own or some third parties’, then the customer shall hold such parts of the process of such manufacture or construction as relates to the goods in trust for Rogers-Willex. Such part shall be deemed to equal in dollar terms the amount owing by the customer to Rogers-Willex as at the time of receipt of such proceeds.
4. Risk: Risk will pass to the customer on delivery of goods notwithstanding that ownership remains with Rogers-Willex until payment is made in full.
5. Delivery: Rogers-Willex shall be entitled to make delivery by installments and determine the manner of delivery. Rogers-Willex shall be entitled to deliver goods to the premises notified by the customer for delivery even though those premises are unattended at the time of delivery and the parties acknowledge that Rogers-Willex’ delivery records shall be prima facie proof of delivery of the goods to the customer. If Rogers-Willex is prevented from delivering goods for any reason including act of God, strike, lockouts, trade disputes, fire, breakdown, interruption of transport, Rogers-Willex will be under no liability whatsoever to the customer and shall be entitled at its option to either terminate the contract or extend the time for performance. All freight charges for goods despatched by carriers as requested by the purchaser will be paid direct to the carrier by the customer.
6. Default: Should the customer default in any payment due to Rogers-Willex with respect to any account owing to Rogers-Willex, make or propose an arrangement with creditors, have a Receiver, Manager, Liquidator or Administrator appointed to its property whole or in part, be placed under official management, become bankrupt or have execution levied against its assets, Rogers-Willex shall be entitled to withhold any further delivery and/or require payment in cash before making any further deliveries or any of its contracts with the customer. Any costs incurred to recover goods and/or overdue monies will be payable by the customer.
7. Return of Goods: No return of goods will be accepted without prior written approval from Rogers-Willex. A reduction of 10% of the invoiced value will apply to goods returned after 14 days from the date of invoice. No goods will be accepted for credit after 30 days from the invoice date or if such goods were manufactured to order.
8. Liability: The customer acknowledges that Rogers-Willex is under no liability for any defects in goods resulting from or arising out of the production of the same in accordance with information, designs and drawings provided by or approved by the customer and furthermore will not be liable to the customer in respect of any claim that the goods or any of them were not in accordance with the contract unless the claim is lodged with Rogers-Willex within seven days of delivery of the goods. All conditions, warranties and representations unless expressly set out in these terms and conditions of sale are hereby expressly excluded. The customer acknowledges that Rogers-Willex is under no liability for any loss, injury or damage (including consequential loss, injury or damage suffered or caused as a result of or arising out of any act or omission whether negligent or otherwise) by Rogers-Willex, its servants or agents. The customer will indemnify Rogers-Willex against any claims made against Rogers-Willex by any third party in respect of any such loss, injury or damage. Where the goods are not of a kind required for personal, domestic or household use or consumption, the liability of Rogers-Willex for breach of condition, or warranty implied under the Trade Practices Act (not being under Section 69 of that Act) will subject to Section 68A be limited to one of the following as determined by Rogers-Willex:
(i) the replacement of the goods/supply of equivalent goods – (ii) repair of goods (iii) payment of costs of replacing the goods (iv) payment of costs of having the goods repaired.
9. Security AND PPSA
9.1. For the purpose of this clause, “PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time. Where a particular section or term existing or defined in the PPSA is used in this Agreement, it is deemed to be that section or term as used or defined in the PPSA as amended, renumbered or replaced from time to time.
9.2. The Customer acknowledges and agrees that this Agreement constitutes a security agreement in relation to the Supplier’s security interest in all present and after-acquired goods in accordance with the PPSA. The Customer agrees to grant a “Purchase Money Security Interest” to the Supplier.
9.3. For the avoidance of doubt, the Customer acknowledges and agrees that it grants to the Supplier a security interest in all goods supplied by the Supplier to the Customer (whether now or in the future) and in any proceeds from the sale of those goods.
9.4. To the extent permitted by law, the following provisions of the PPSA do not apply, and for the purposes of section 115 of the PPSA are contracted out of this Agreement:
(a) section 95 (notice of removal of accession), to the extent that it requires The Supplier to give notice to the Customer, 96 (retain of accession) and 125 (obligation to dispose of or retain collateral);
(b) section 130 (notice of disposal), to the extent that requires The Supplier to give notice to the Customer;
(c) section 132(3)(d) (contents of statement of account after disposal)
(d) section 132(4) (statement of account if no disposal);
(e) section 135 (notice of retention);
(f) section 142 (redemption of collateral);
(g) section 143 (reinstatement of security agreement).
9.5. For the purposes of section 14(6) of the PPSA, the Customer (and The Supplier) agree that any payments received from the Customer by the Supplier pursuant to or in any way connected with this Agreement will be applied in such order as the Supplier deems fit in its absolute discretion.
9.6. The Customer consents to:
(a) and agrees to execute any other document or instrument required to give effect to the security interests created by this Agreement; and
(b) the registration with the relevant authority or public register of any security interest created by this Agreement or any other document required to give effect to a security interest created by this Agreement, including without limitation the registration of a financing statement or financing change statement on the Personal Property Securities Register.
9.7. The Customer must pay all costs of and incidental to the preparation, execution and registration of any instrument which is executed for the purposes of giving effect to this clause and must also pay all costs incidental to the withdrawal, discharge or release of such instrument.
10. Miscellaneous:
(i) A certificate signed by an officer of Rogers-Willex stating the amount due and payable by the customer under any contract shall be prima facie evidence thereof.
(ii) Rogers-Willex will not be deemed to have waived any of its rights under the contract unless such waiver is in writing signed by an officer.
(iii) If any part of the contract is or becomes unenforceable, void or voidable that provision shall be severed from the contract so that the validity and enforce-ability of the remaining provisions of the contract will not be affected.
(iv) Each contract will be governed by the law of Queensland and the parties submit to the jurisdiction of the Courts of that State.
